Difference between W-2 (Wages) and 1099

 
Existing customers please login to check the status of your order at Infotax Square Login here (0) (0)
Category :
Posted On : 25th Nov 2010
What is form W-2 (Wages)?
 
A W-2 form is an earned income statement containing a detailed set of information, including your total income (wages, tips, commission) and the amount of federal, state and social security taxes that have been withheld. Your W-2 is the most important document you need for filing your taxes. Your W-2 details the income and taxes paid throughout the year through your employment or wages earned for the year prior. Wages can include your regular hourly or salary income earned, back pay, tips, taxable reimbursements, severance pay, and commissions. This element details all the monies you have earned that are subject to tax. When a person is paid on the form W-2, the employer will automatically withhold and pay all of the necessary employee income taxes which are required by the IRS. The applicable taxes include; Federal Income Tax, State Income Tax, and FICA (Social Security and Medicare). In addition, the employer will pay all of the necessary employer taxes. These taxes shall include: FICA (Social Security and Medicare), FUTA (Federal Unemployment Tax), and SUI (State Unemployment Tax).

In most cases, the employer will provide the equipment and office space you will need. You may be eligible for some or all of the benefits your employer may offer to permanent employees such as medical, life, and disability insurance; pension plans; sick days; paid holidays, etc.
 
What is form 1099(Outside Services or Sub-Contractor)?
 
Working on a 1099 basis actually means that you are working as a true Independent Contractor under the IRS rules. You work on a 1099 basis when you are self employed such as a sole proprietor or as a corporation. Your clients will report the monies they pay you to the IRS on a 1099 form. Your clients will typically contract with you to work on a specific project. You should have a written contract with each client that will outline the work you will perform, the fees or cost the client will pay, and how the client will pay you. You will forward invoices to the client according to the contract terms.

Actual independent contractors are responsible for maintaining all business expenses and income and for making quarterly federal and state income tax payments. In addition to reporting income earned by freelancers and independent contractors, 1099 forms are used to report additional or miscellaneous income, such as prizes, fees and royalties. Working on a 1099 basis actually means that you are working as a true Independent Contractor under the IRS rules. You work on a 1099 basis when you are self employed such as a sole proprietor or as a corporation. Your clients will report the monies they pay you to the IRS on a 1099 form. Your clients will typically contract with you to work on a specific project. You should have a written contract with each client that will outline the work you will perform, the fees and/or cost the client will pay, and how the client will pay you. You will forward invoices to the client according to the contract terms. Actual independent contractors are responsible for maintaining all business expenses and income and for making quarterly federal and state income tax payments. Independent contractors and freelancers can deduct the cost of their supplies, materials and work-related out-of-pocket expenses; expenses that have been reimbursed are not deductible.
 
Difference between W-2 wages and 1099 outside services!
  • You get a W-2 form from an employer who pays payroll taxes. You get a 1099 from someone who paid you, but did not pay taxes on the money you were paid. This means that any income you get on a 1099 must be paid self-employment tax rate.
     
  • For most of us the actual difference between 1099 Independent Contractors and W-2 Employees is clear cut for several reasons. But there are many of us out there that have never encountered it or never even thought to discover and understand their differences. Use the links on this page for additional information.
     
  • W-2 and 1099 forms must be delivered to employees and independent contractors no later than January 31st. W-2 and 1099 forms must be filed with the IRS by employers and clients no later than March 31st (sooner if not filed electronically). Employers and clients who miss the deadline can face penalties of certain amount.
     
  •  Intent of the Parties/Written contracts. In determining the Relationship  between a worker and a company, the IRS considers how the Written contract describes the intent of the parties involved.
     
  • Benefits. If a company grants a worker employee benefits, such as Health insurance or paid vacation time, this is evidence of employee status
     
  • Termination. Traditionally, the terms on which either party could Terminate the relationship played an   important role determining Whether a worker was an independent contractor or an employee.
     
  • Ongoing Relationship. If a business and a worker enter into a Relationship with the understanding that it will be permanent or  Indefinite, this is evidence of an employment relationship.
     
  • Regular Business Activity. If a worker performs activities or Services that are "a key aspect of the regular business of the
 Advantages of 1099 status:
  • The IC has more freedom to negotiate his terms of payment than an employee…. "The IC does not have withholding tax deducted from his pay check...
     
  • An employer must also pay certain required benefits, such as workers Compensation insurance...

Advantages of W-2 status:

Working as an employee (contract or permanent, direct) also has Advantages. Taxes are taken out of each paycheck, and the employer
(For a contractor, the agency) pays the employer’s half of the social Security tax... For many people, this will eliminate the need to hire
An accountant or lawyer to prepare the taxes (although for a family There may be other reasons to use a tax professional).

Conclusion:

Independent contractors are not permanent employees of a company. They can work either as 1099 or W2 contractors. Both types of contractors are paid by the client or agency. The earnings of the 1099 Contractor are reported to the IRS on a 1099 form without the withholding of any taxes (federal, state, social security). However, the earnings of a W2 employee is reported to the IRS and federal and state income tax are withheld. The agency also pays the employer's share of the social security tax for W2 employees.

 W2 Contractor:

Under common law, a worker is an employee (contract, permanent, direct) if the person for whom they work has the right to direct and control the way they work, both as to the final result and as to the details of when, where, and how the work is done.

When a person is paid on the form W-2, the employer withholds and pays all of the necessary employee income taxes as required by the IRS. These taxes include: Federal Income Tax, State Income Tax, and FICA (Social Security and Medicare). There are several advantages to working as a W2 employee including the following:

1.       You are assured a regular income
2.       You may be eligible for valuable benefits.
3.       You are free from the headaches of ensuring that your taxes are paid to the IRS. Taxes are taken out of each paycheck and the employer's half of the social security tax.
 
 
1099 Independent Contractor:

Working as a 1099 Contractor means you are in business for yourself as a sole proprietor or as a corporation. Your clients typically issue you a contract to work on a special project. All money paid to you is paid on an untaxed basis. It is your responsibility to file and pay the appropriate taxes directly to the IRS.
Workers considered independent contractors fill the following roles:
  • Work with multiple clients.
  • Pays his/her own taxes and files the required government forms.
  • Social Security taxes are the sole responsibility of the independent contractor.
  • Obtains his/her own benefits including workers’ compensation, disability, etc. The independent contractor is not entitled to any typical employee benefits from any government agency.
  • Deducts business expenses from his/her income tax.
    are several advantages to working as an Independent Contractor including:
1.       Independent Contractors can offer their services to the general public instead of just one employer.
2.       With multiple clients or customers, the independent contractor is free from control by any one firm.
The independent contractor is free to work the hours they choose, usually also free to work for more than one client at a time

 

6 Reviews from our clients

What people say about this article

User Image

Jane

  • star
  • star
  • star
  • star
  • star_border

if you have a corporation set up for retail operation with a tax ID number and the retail store closes can you use that corporation to work as a consultant and receive a 1099?

Replies
Reply from: infotaxsquare.com | 2018-04-06


Use A Company For Multiple Purpose


Technically yes, it is not that you altogether closing your corporation. You are changing retail business to the consulting business.

The Secretary of State and the Internal Revenue Service allow a company, the same company can be used to conduct multiple functions.

How to handle a Retail Tax id if you are no more doing retail sales?

A final sales tax return is filed with the department of revenue and the sales tax certificate must be surrendered to the department of revenue.

However, you should note that before shutting down your retail business, you need to pay a retail business liability to the state as mentioned above.

How to handle the existing EIN, if you are changing the business function?

Employer Identification Number is a unique, distinct id assigned to you when you formed your corporation from the IRS. This number defines your business.

When you are closing a certain business line, you notify the IRS about the closure of your business, if required. But note that closing a business does not cancel your existing EIN. It remains there with the IRS as your unique business identification and never allotted to another business entity unless a corporation actually dissolves or never begin any business again.

Consulting Income:

Yes, you can operate it a consulting company and collect consulting income through 1099 under the existing company against performing outside services.

Prerequisites to work on 1099:
  1. Create an entity such as a sole proprietorship, partnership, corporation or a limited liability company.
  2. Get an Employer Identification Number from the Internal Revenue Service.
  3. Prepare a contract to understand the scope of a job or an MOU.
  4. Raise an invoice against each payment.
  5. Provide form W9

How to report 1099 income to the IRS?
A payer will report expense to the IRS by submitting a Form 1099 end of the year, whereas a receiver will report it as an income on the income tax return. Both party numbers must be matched.

User Image

B Nagaajulu

  • star
  • star
  • star
  • star
  • star_border

Eligibilities for tax with holding for Marriage higher single rate.

Replies
Reply from: infotaxsquare.com | 2015-08-04



Eligibilities for tax with holding

It is based on your income and would suggest you either contact to your CPA or IRS.

You can also use the following links to see, what our customers say about our professionalism and customer service.

Testimonials:

https://goo.gl/BnNqSd

Rated by BBB:

https://goo.gl/pnnhXL


Committed to give our users most updated news!
For instant news please subscribe at www.InfotaxSquare.com


InfoTaxSquare.com
Business Documents
Filing!



User Image

Tushar Hazra

  • star
  • star
  • star
  • star
  • star_border

I'm being a offered a contract temp position to be paid on W-2 with no benefits. I'm not sure if that is possible and if it is, then will I get to deduct my expense to commute to work as I would drive long distances to work and also the cost of lease payment for a fuel efficient new car that would need to get around? The question has two parts: a. Can one be paid without benefits on W-2 ? b. If yes can the person deduct for tax purposes related vehicle expense?

Replies
Reply from: infotaxsquare.com | 2014-03-05



Deduction of transportation expense

Dear Tushar Hazra,

Thank you so much to choose InfoTaxSquare.com for your business needs.

  • Normally, commuting expenses meaning driving from home to work and back are not deductible.

  • You can claim expenses if you used your car to visit to client and were not reimbursed by the company.


Committed to give our users most updated news!
For instant news please subscribe at www.InfotaxSquare.com


InfoTaxSquare.com
Business Documents
Filing!



Reply from: infotaxsquare.com | 2014-03-05



Deduction of transportation expense

Dear Tushar Hazra,

Thank you so much to choose InfoTaxSquare.com for your business needs.

  • Normally, commuting expenses meaning driving from home to work and back are not deductible.

  • You can claim expenses if you used your car to visit to client and were not reimbursed by the company.